Our experienced Tax legal team regularly publishes articles and updates - the full list of publications appears below. Our publications will keep you abreast of today's complex taxations laws and the latest GST developments that could affect your business. If you'd like to be notified when we add new tax publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.
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- 25 January 2012
Audio: ATO rules on premiums paid on renounceable rights issuesThe Australian Taxation Office has today issued a ruling on retail premiums paid to shareholders who do not participate in renounceable rights issues. Partner Martin Fry spoke to Boardroom Radio about the practical implications of the ruling
- 17 January 2012
Client Update: Changes to duty on exploration permits in QueenslandThe Queensland Government has announced stamp duty changes that have the potential to impact significantly on any transactions that directly or indirectly deal with exploration permits or authorities to prospect. Partner Katrina Parkyn reports on the changes, which reverse the previous rules whereby these transfers were not dutiable
- 17 January 2012
Audio: Stamp duty changes for miners in QueenslandThe Queensland Government has announced stamp duty changes that have the potential to impact significantly on any transactions that directly or indirectly deal with exploration permits or authorities to prospect. Partner Katrina Parkyn spoke to Boardroom Radio on the changes, which reverse the previous rules whereby these transfers were not dutiable
- 11 November 2011
Focus: Carbon price scheme becomes law - what to do nextThe Federal Parliament has passed legislation to establish an Australian carbon pricing scheme, which will operate initially like a carbon tax, with a fixed (but increasing) carbon permit price, and will then transition into a cap and trade scheme after three years. Partner Grant Anderson and Lawyer Fergus Green report on this historic development
- 30 September 2011
Focus: Limiting the Tax Office's reachA recent Federal Court decision highlights potential limitations on the Commissioner of Taxation's ability to make a determination under Part IVA. Tax Partner Charles Armitage, Litigation Partner Malcolm Stephens and Tax Senior Associate Joanne Langford report
- 16 September 2011
Focus: Carbon pricing scheme legislation introducedFollowing the recent release of both its climate change policy, Securing a clean energy future: The Australian Government's climate change plan, and exposure draft legislation to implement its proposed carbon pricing scheme, the Federal Government has introduced its clean energy legislation package into the House of Representatives. Partner Grant Anderson reports on the principal differences between the exposure draft legislation and the legislation package as introduced into Parliament
- 02 September 2011
Audio: Qantas wins, no GST for no-showsQantas has scored a significant court victory over the payment of GST on unused passenger fares. Partner Ross Stitt speaks to Boardroom Radio about the issues considered in the court's decision and the implications for business
- 31 August 2011
Focus: Part IVA: the burden of proving a tax benefitA recent Full Federal Court decision makes it much more difficult for the Commissioner of Taxation to apply Part IVA to corporate restructures. Tax Partner Larry Magid, Litigation Partner Malcolm Stephens and Lawyer Tom Prince report on the case which involved a member of the James Hardie group of companies and whether there was a 'tax benefit'
- 12 August 2011
Focus: Taxing the Carbon Pricing SchemeThe Federal Government has released draft legislation containing the tax implications of its proposed carbon pricing scheme. Partner Martin Fry reports on the key income tax implications for entities when acquiring, holding, surrendering and trading in carbon units
- 14 July 2011
Focus: Taxing the carbon tax - a messy business?Details of the carbon pricing scheme released by the Federal Government include guidance on the income tax and GST treatment of the carbon permits that are the linchpin of the carbon tax. Partners Cameron Rider, Martin Fry and Ross Stitt report on a relatively complex regime that is yet to be finalised
- 12 July 2011
Focus: Carbon pricing schemeThe Federal Government has released details of its proposed carbon pricing scheme, which will operate initially like a carbon tax with a fixed (but increasing) carbon permit price and will then transition into a cap and trade scheme after three years. This scheme is the result of negotiations within the Multi-Party Climate Change Committee and is set to be implemented in legislation that is to be introduced into Parliament later this year. Partner Grant Anderson and Lawyer Fergus Green report.
- 10 July 2011
Audio: Carbon Tax details releasedThe Federal Government has released the framework for its carbon tax scheme. Grant Anderson speaks to Boardroom Radio about the scheme and what businesses should be doing now to prepare for it
- 16 June 2011
Audio: Landholder duty changes apply from 1 July in QueenslandThe Queensland Government this week confirmed changes to landholder duty to begin on 1 July 2011. Partner Katrina Parkyn speaks to Boardroom Radio about the changes, including how they will impact listed companies and listed unit trusts
- 08 June 2011
Audio: GST outlook for carbon pricingThe Federal Government's proposed carbon tax scheme will have GST implications for major emitters and businesses that receive government assistance. Partner Ross Stitt speaks to Boardroom Radio about the implications arising out of emissions permits and assistance for emissions-intensive trade-exposed industries
- 02 June 2011
Client Update: Beware of Qld, SA and NT stamp duty changesQueensland, South Australia and the Northern Territory are to make important changes to their stamp duties legislation, with effect from 1 July 2011. The changes will broaden the reach of landholder duty and impose greater duty on a larger range of transactions, particularly affecting ones involving real property, mining tenements and listed entities. Partner Adrian Chek summarises the changes and considers the importance of the timing of any upcoming transactions
- 12 May 2011
Focus: Budget tax incentive for 'nationally significant' infrastructureConsistent with its broader policy of encouraging private investment in infrastructure, the Federal Government announced as part of the 2011-12 Budget that special treatment would be given to tax losses made by infrastructure projects designated as having 'national significance'. Partner Charles Armitage and Senior Associate Rory O'Brien look at how this will work
- 11 May 2011
Audio: Budget changes to debt/equity classificationThe Federal Government announced a range of tax measures in last night's Federal Budget. Partner Larry Magid speaks to Boardroom Radio about amendments to the integrity rule in the debt/equity classification
- 11 May 2011
Audio: Infrastructure tax changes in BudgetThe Federal Government announced in last night's Federal Budget infrastructure tax changes in a bid to boost private investment. Tax Partner Charles Armitage and Infrastructure Partner Leighton O'Brien speak to Boardroom Radio about the changes and the likely impact they will have on infrastructure investment in Australia
- 27 April 2011
Focus: The MRRT - the story so farAs the Federal Government has accepted all the Policy Transition Group's recommendations relating to the Minerals Resource Rent Tax, the proposed legislation's design principles are now clear, and an exposure draft should be available for comment in mid 2011. Partners Grant Cathro and Katrina Parkyn report
- 20 April 2011
Focus: Taxing the price of carbonThe Federal Government's proposed carbon pricing scheme may commence as early as July 2012. Many significant aspects of the scheme, including the relevant tax mechanisms, are yet to be settled. Partner Martin Fry comments on some key tax implications for affected companies.
- 18 April 2011
Focus: Taxing time for PRRTA recent Federal Court decision highlights the difficulties that can be encountered in trying to define the taxing point in a manner that is capable of applying to a wide variety of different projects. The case could also prove instructive for those drafting the Minerals Resource Rent Tax legislation. Partner Grant Cathro reports
- 28 March 2011
Focus: Tax disputes involving s25-90 interest deductionsThe recent Federal Court decision in Noza Holdings Pty Ltd v Commissioner of Taxation involved the Australian Taxation Office's unsuccessful application of the General Anti-Avoidance Rule in Part IVA to a funding structure involving deductions under section 25-90 of the Income Tax Assessment Act 1997. The Commissioner's approach in this case reflects a more general ATO suspicion of such deduction claims, exemplified by the recent release of Draft Taxation Determination TD 2011/D2 in relation to bank lending arrangements involving offshore subsidiaries. Partner Toby Knight reports
- 18 March 2011
Focus: Transfer pricing update - new APA guide and recent ATO rulingsThe Australian Taxation Office has released a practice statement on its advance pricing arrangement program, following on from other recent tax ruling guidance on the application of Australia's transfer pricing provisions to multinational enterprises. Partner Toby Knight and Lawyers Julian Feiner and Claire Nicholson report
- 04 February 2011
Focus: Queensland announces changes to land-rich duty rulesQueensland's land-rich duty regime will be replaced by new landholder rules from 1 July 2011. The new rules have the potential to impact significantly on transactions involving entities that own or have an indirect interest in any land in Queensland, including listed companies and listed unit trusts. Partner Katrina Parkyn reports
- 03 February 2011
Audio: QLD land-rich duty amendmentsQueensland's land-rich duty regime will be replaced by new landholder rules from 1 July 2011. Partner Katrina Parkyn speaks to Boardroom Radio about how the new rules have the potential to impact significantly on transactions involving entities that own or have an indirect interest in any land in Queensland, including listed companies and listed unit trusts
- 20 December 2010
Focus: Draft ruling on rights issues Retail PremiumsAustralian issuer companies should be aware of a recent Australian Taxation Office draft ruling that states Retail Premiums paid in respect of certain accelerated rights issues will be regarded as unfranked dividends for tax purposes, and therefore taxed as such in the hands of Australian resident shareholders, and subject to withholding tax where paid to non-Australian resident shareholders. Partner Martin Fry, Senior Associate Rory O'Brien and Lawyer Kai Fu report
- 13 December 2010
Focus: ATO tax determinations on private equity investmentsThe Australian Taxation Office has recently published four important determinations dealing with the treatment of private equity investments in Australian assets, including a significant acknowledgement that a tax treaty exemption may be available through fiscally transparent investment vehicles. Partner Larry Magid and Senior Associate Thomas McAuliffe report.
- 10 December 2010
Audio: Demerger tax relief proposedThe Federal Government has released a discussion paper on changes to the demerger tax relief rules. Partner Katrina Parkyn speaks to Boardroom Radio about the changes and who will benefit from them
- 29 November 2010
Focus: Scrip for scrip roll-over reforms - good news for private equityThe Senate recently passed legislation to reform the capital gains tax scrip for scrip roll-over relief provisions. The reforms are designed to align the capital gains tax roll-over relief with the Corporations Act 2001 (Cth) provisions dealing with takeover bids and schemes of arrangement. Partner Tom Story and Lawyer Chris Blane report on the effect of the new law on public to private transactions
- 01 October 2010
Audio: Foreign currency sales GST-free High Court rulesThe High Court has ruled that the sale of foreign currency at an Australian airport is a GST-free supply. Partner Ross Stitt speaks to Boardroom Radio about the implications of the decision for financial supplies
- 24 September 2010
Client Update: Employee share scheme tax reportingThe Australian Taxation Office's Employee Share Scheme working party had its winding up meeting this week. Partner Sarah Bernhardt (who was a member of the working party) and Lawyer Teresa Campbell report on the main discussion points
- 14 September 2010
Audio: Executive remuneration round tableExecutive remuneration has been a topic of great interest coming out of the GFC, with the Federal Government introducing legislation that puts a limit on termination payments and the Productivity Commission making 17 recommendations aimed at reducing inappropriate remuneration outcomes. Allens Executive Partner Paul Quinn has chaired a Boardroom Radio Roundtable on executive remuneration with Australian Institute of Company Directors CEO and MD John Colvin, The Australian Council of Super Investors CEO Ann Byrne and Mercer Principal Christine Deveney
- 25 August 2010
Focus: Three into Part IVA ain't badWhile the decisions in three recent Federal Court cases deliver mixed results for taxpayers, they offer guidance on the application of Part IVA of the Income Tax Assessment Act 1936 (Cth). The Citigroup case is particularly relevant to multinationals and finance entities. Partners Charles Armitage and Malcolm Stephens and Senior Associate Chris Peadon report
- 09 July 2010
Focus: New minerals tax responds to industry concernsThe Federal Government has announced that it proposes to replace the previously announced Resource Super Profits Tax with a new Minerals Resource Rent Tax that will apply to iron ore and coal projects, and to extend the scope of the existing Petroleum Resource Rent Tax to cover onshore oil and gas projects. Partner Katrina Parkyn and Senior Associate Rory O'Brien report on how the new Minerals Resource Rent Tax responds to industry's key concerns about the previous Resource Super Profits Tax, and what the extension of the Petroleum Resource Rent Tax is likely to mean for onshore oil and gas projects in Australia
- 05 July 2010
Focus: New rules make GST grouping more attractiveThe risks associated with membership of a GST group are reduced and joining and leaving a GST group is easier under new rules introduced by the Tax Laws Amendment (2010 GST Administration Measures No. 2) Act 2010 (Cth). Partner Ross Stitt and Lawyer Adam Ahmed report
- 05 July 2010
Audio: New regime for resources taxAfter weeks of debate and negotiation, the Federal Government has made significant changes to its proposed Resources Super Profits Tax. Partner Katrina Parkyn speaks to Boardroom Radio about the changes to the tax, now known as the Minerals Resource Rent Tax
- 02 July 2010
Audio: Employee share plan deadline loomsEmployers will need to provide information on employee share schemes to both employees and the Australian Taxation Office over the next month. Partner Sarah Bernhardt speaks to Boardroom Radio about the potential issues arising out of these new reporting requirements and what employers need to do to make sure they meet the deadlines
- 17 June 2010
Focus: Large business and tax compliance - the ATO's viewThe Australian Taxation Office recently released a revised booklet on tax compliance issues for large businesses. It outlines the ATO's expectations of large businesses, its areas of focus and processes to ensure their tax compliance. Partners Ross Stitt and Malcolm Stephens and Senior Associate Chris Peadon report
- 15 June 2010
Client Update: Insurers to cease funding the HIH collapseThe NSW Government will abolish the insurance protection tax from 1 July 2011. The tax will still be payable in respect of premiums received by an insurer up to that date. However, after 1 July 2011, and once all liabilities are met, any remaining money will be refunded to insurers on a pro rata basis. Partner Adrian Chek and Lawyer Isaac Gibbs report
- 15 June 2010
Audio: Petroleum tax lessons for RSPTWhile debate continues over the merits of a Resource Super Profits Tax, a similar tax placed on petroleum projects has been in place in Australia for more than two decades. Partner Grant Cathro speaks to Boardroom Radio about the lessons that can be learned from the construction and implementation of the Petroleum Resource Rent Tax
- 04 June 2010
Audio: Overhaul to R&D tax concessionsA new research and development tax incentive regime is set to begin on 1 July 2010. Partner Toby Knight speaks to Boardroom Radio about the changes and what businesses need to do to be ready on 1 July
- 12 May 2010
Client Update: GST announcements in the BudgetThe Federal Government has announced a range of GST measures in the latest Budget. They are primarily the result of various reviews arising out of the Board of Taxation's Review of the Legal Framework for the Administration of the GST. Partner Ross Stitt looks at the key announcements which relate to the financial supply provisions, the margin scheme and cross-border transactions
- 12 May 2010
Audio: Interest withholding tax reduced in Federal BudgetThe Federal Government announced a number of reforms to the financial sector in the Federal Budget, including changes to interest withholding tax. Partner Larry Magid speaks to Boardroom Radio about the impact of the changes
- 10 May 2010
Audio: New tax system for MITs announcedThe Federal Government has announced the formulation of a new tax system for managed investment trusts, to begin next year. Partner Martin Fry speaks to Boardroom Radio about the implications of the new regime for trustees and beneficiaries
- 06 May 2010
Client Update: Resource exploration rebateAs part of its response to the Henry tax review, the Federal Government has announced that it intends to introduce a refundable tax offset for eligible exploration expenditure. Senior Associate Katrina Parkyn looks at how the offset will work and who will benefit
- 06 May 2010
Paper: Employee Share Schemes - what you need to know about the new tax rulesThe Government announced some significant unexpected changes to the taxation of employee share plans as part of the May 2009 Federal budget, which were then significantly revised. Legislation introducing those changes became law on 14 December 2009. Partner Sarah Bernhardt looks at the changes on a plan-by-plan basis, focusing on the key issues that arise under different kinds of plans
- 04 May 2010
Audio: Super Profits? RSPT implications for minersThe Henry Tax Review has outlined the need for a tax on super profits generated by mining and resources companies. Partner Grant Cathro speaks to Boardroom Radio about how the tax will work and the potential implications
- 03 May 2010
Focus: The resource super profits taxThe Federal Government has announced that it intends to introduce a resource super profits tax as the centrepiece of the tax reforms announced as part of the Henry Review. Although the new tax bears some similarity to the existing Petroleum Resource Rent Tax which applies to many off-shore petroleum projects, it differs in a number of very significant respects. Partner Grant Cathro and Senior Associate Rory O'Brien report
- 03 May 2010
Audio: Henry Review at a glancePartner Charles Armitage speaks to Boardroom Radio about the major issues to come out of the Henry tax review
- 30 April 2010
Focus: Federal Government's response to executive remuneration inquiryThe Federal Government has released its response to the Productivity Commission's inquiry into executive remuneration in Australia. Partner Paul Quinn reports